[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65670-65671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25539]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0535; Airspace Docket No. 19-AWP-20]
RIN 2120-AA66


Amendment of Class D; Los Angeles, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action corrects a clerical error in the Class D legal 
description for Los Angeles International Airport, Los Angeles, CA by 
removing the language establishing the airspace as part time. This 
action is necessary for the safety and management of instrument flight 
rules (IFR) operations at the airport.

DATES: Effective 0901 UTC, January 30, 2020. The Director of the 
Federal Register approves this incorporation by reference action under 
Title 1, Code of Federal Regulations part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line at https://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of FAA Order 7400.11D at NARA, email fedreg.legal@nara.gov 
or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 2200 
S 216th Street, Des Moines, WA 98198-6547; telephone (206) 231-2245.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it amends the Class D legal description for Los Angeles 
International Airport, Los Angeles, CA, in support of IFR operations at 
the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (84 FR 36502; July 29, 2019) for Docket No. FAA-2019-0535 to 
amend the legal description of the LAX Class D. Interested parties were 
invited to participate in this rulemaking effort by submitting written 
comments on the proposal to the FAA. The FAA received a single comment. 
The commenter stated in full ``I recommend keeping the language as part 
time and reducing light air traffic for public health and sound scape 
enhancements.'' The FAA does not find this to be a substantive comment 
about the proposal. The specified airspace does not control where 
aircraft fly but defines the area within which all aircraft operators 
are subject to operating rules and equipment requirements.
    Class D airspace designations are published in paragraph 5000 of 
FAA Order 7400.11D, dated August 8, 2019, and effective September 15, 
2019, which is incorporated by reference in 14 CFR 71.1. The Class D 
airspace designation listed in this document will be published 
subsequently in the Order. FAA Order 7400.11, Airspace Designations and 
Reporting Points, is published yearly and effective on September 15.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D dated August 8, 2019, and 
effective September 15, 2019, which is incorporated by reference in 14 
CFR part 71.1. FAA Order 7400.11D is publicly available as listed in 
the ADDRESSES section of this document. FAA Order 7400.11D lists Class 
A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) 
part 71 by removing the language establishing the airspace as part 
time. NBAA informed the FAA that the LAX Class D legal description, the 
related chart supplement entry, and notes included on the VFR Sectional 
contained information that did not clearly identify when the airspace 
was in effect. The FAA concurs. The legal description contains language 
that implied the Class D airspace was part-time, inconsistent with the 
original intent of the airspace. The Chart Supplement does not include 
information indicating when the airspace is effective and directs users 
to the VFR Terminal Area Chart. The VFR Terminal Area Chart directs 
users to the Chart Supplement or NOTAMS for information and NOTAMS are 
not appropriate for this use. The original intent was to establish the 
Class D airspace as full time. In 2009, as a result of a mid-air 
collision in New York and in response to NTSB Recommendation A-09- 86, 
Congress requested the FAA evaluate low-level flight around heavy-use 
airspace. The FAA committed to evaluations of flight operations in and 
around Class Bravo Airspace in New York, Los Angeles, Chicago, and 
Houston. The LAX VFR Airspace Taskforce was convened and made 
recommendations to modify the airspace around LAX in a two-step 
process. Step one was to establish full-time Class D airspace at LAX. 
Step two was to incorporate the Class D airspace into the LAX Class B 
at a later date.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established

[[Page 65671]]

body of technical regulations for which frequent and routine amendments 
are necessary to keep them operationally current, is non-controversial, 
and unlikely to result in adverse or negative comments. It, therefore: 
(1) Is not a ``significant regulatory action'' under Executive Order 
12866; (2) is not a ``significant rule'' under DOT Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979); and (3) does not 
warrant preparation of a regulatory evaluation as the anticipated 
impact is so minimal. Since this is a routine matter that only affects 
air traffic procedures and air navigation, it is certified that this 
rule, when promulgated, does not have a significant economic impact on 
a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D, 
Airspace Designations and Reporting Points, dated August 8, 2019, and 
effective September 15, 2019, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Los Angeles, CA [Amended]

Los Angeles International Airport, CA
    (Lat. 33[deg]56'33'' N, long. 118[deg]24'26'' W)
Santa Monica Municipal Airport, CA
    (Lat. 34[deg]00'57'' N, long. 118[deg]27'05'' W)

    That airspace extending upward from the surface to and including 
2,700 feet MSL bounded by a line beginning at lat. 33[deg]57'42'' N, 
long. 118[deg]27'23'' W; to lat. 33[deg]58'18'' N, long. 
118[deg]26'24'' W; then via the 2.7-mile radius of the Santa Monica 
Municipal Airport counterclockwise to lat. 34[deg]00'00'' N, long. 
118[deg]24'02'' W; to lat. 34[deg]00'00'' N, long. 118[deg]22'58'' 
W; to lat. 33[deg]57'42'' N, long. 118[deg]22'10'' W, thence to the 
point of beginning. That airspace extending upward from the surface 
to and including 2,500 feet MSL bounded by a line beginning at lat. 
33[deg]55'50'' N, long. 118[deg]22'06'' W; to lat. 33[deg]54'16'' N, 
long. 118[deg]24'17'' W; to lat. 33[deg]52'47'' N, long. 
118[deg]26'22'' W; to lat. 33[deg]55'51'' N, long. 118[deg]26'05'' 
W, thence to the point of beginning.

    Issued in Seattle, Washington, on November 19, 2019.
Byron Chew,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2019-25539 Filed 11-27-19; 8:45 am]
BILLING CODE 4910-13-P


